ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20190000598 APPLICANT REQUESTS: award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 14 December 2018 FACTS: 1. The applicant did not file within the three year time frame provided in Title10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was in combat from September 1969 to 26 May 1970. b. He is applying for Department of Veterans Affairs benefits and the error was noticed by this department. 3. The applicant enlisted in the Regular Army on 8 July 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. Headquarters, U.S. Army Training Center and Fort Polk, Special Orders Number 215, dated 23 August 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Special Orders Number 19, dated 27 January 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Special Orders Number 26, dated 4 February 1969, awarded him the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 7. He served in Vietnam during the period 20 September 1969 through 26 May 1970 and he participated in three campaigns. While in Vietnam, he was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division. 8. His DA Form 20, shows in: a. item 29 (Qualification in Arms) – award of the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) b. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings, and c item 41 (Awards and Decorations) – award of the: * National Defense Service Medal * Vietnam Service Medal * one overseas service bar * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 9. On 26 May 1970, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 10 months, and 19 days of total active service and in: a. item 23a (Specialty Number and Title) – 11B40, Infantry, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Vietnam Service Medal * Air Medal 10. His records are void of orders awarding him the Combat Infantryman Badge. 11. The applicant's records are void of derogatory information and a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 8 July 1968 through 26 May 1970. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. Although the applicant's record does not contain orders awarding him the Combat Infantryman Badge, it was recorded on his DA Form 20 and the record shows he was eligible for this badge as an infantryman serving in a cavalry company. The Board agreed a preponderance of the evidence supports a recommendation to add the Combat Infantryman Badge to his DD Form 214. 2. In addition to the corrections addressed in Administrative Note(s) below, the Board determined the applicant met the criteria for award of the Army Good Conduct Medal (1st Award) and should receive this award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Army Good Conduct Medal (1st Award) for his service from 8 July 1968 to 26 May 1970 * In addition to the corrections addressed in Administrative Note(s) below, adding to his DD Form 214 the Combat Infantryman Badge and the Army Good Conduct Medal (1st Award) I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the following awards not listed on his DD Form 214: * three bronze service stars for his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60) REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. During the Vietnam era, infantrymen assigned to a cavalry unit were also eligible for the Combat Infantryman Badge. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000598 4 1